Legislation – Public Authorities (Fraud, Error and Recovery) Act 2025

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Schedules

Schedule 1Fraud against public authorities: Police and Criminal Evidence Act 1984 powers

Specific modifications

3 (1)

Section 15 (search warrants: safeguards) is to be read as if—

(a)

in subsection (2)(c), for “articles or persons” there were substituted “material”;

(b)

in subsection (6)(b), for “articles or persons” there were substituted “material”.

(2)

Section 16 (execution of warrants) is to be read as if—

(a)

in subsections (3A) and (3B), for the words “a police officer of at least the rank of inspector”, in each case, there were substituted “an authorised investigator of at least the grade of senior executive officer”;

(b)

after subsection (3B) there were inserted—

“(3C)

In subsections (3A) and (3B), the references to an authorised investigator of at least the grade of senior executive officer include—

(a)

an authorised investigator who has a grade that is equivalent to that of a senior executive officer, and

(b)

an authorised investigator who is a higher executive officer, or has a grade equivalent to that of a higher executive officer, who has been authorised in writing for the purposes of those subsections by an authorised investigator who is a grade 7 or has a grade that is equivalent to, or higher than, that of a grade 7.”;

(c)

in subsection (5)(a), the words “, if not in uniform,” were omitted;

(d)

in subsection (9)(a), for “articles or persons sought were” there were substituted “material sought was”.

(3)

Section 21 (access and copying) is to be read as if in subsection (3)(b), the reference to the police were a reference to an authorised investigator.

(4)

Section 22 (retention) is to be read as if—

(a)

for subsection (1), there were substituted—

“(1)

Subject to subsection (4), anything which has been—

(a)

seized by an authorised investigator,

(b)

taken away by an authorised investigator following a requirement made by virtue of section 19 or 20, or

(c)

seized or taken away by another person under any enactment and accepted by an authorised investigator,

may be retained so long as is necessary in all the circumstances.”;

(b)

after subsection (2) there were inserted—

“(2A)

Subsection (2B) applies where an authorised investigator—

(a)

has seized something or taken something away following a requirement made by virtue of section 19 or 20 on the basis that it is evidence of an offence, and

(b)

considers that the thing may be evidence that is relevant to an investigation of an offence (whether or not the offence mentioned in paragraph (a)) in relation to which another person has functions.

(2B)

Where this subsection applies—

(a)

an authorised investigator may transfer the thing to that person,

(b)

where that person considers that the thing may be evidence that is relevant to an investigation in relation to which that person has functions, that person may accept and retain the thing, and

(c)

any provision of an enactment that applies to anything seized or taken away by that person applies to the thing as if it had been seized or taken away by that person for the purposes of the investigation of the relevant offence.

(2C)

In subsection (2B)(c), “enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978.”;

(c)

for subsection (5) there were substituted—

“(5)

Nothing in this section affects any power of a court to make an order under section 8 of the Public Authorities (Fraud, Error and Recovery) Act 2025.”;

(d)

subsection (6) were omitted.

(5)

Schedule 1 (special procedure) is to be read as if—

(a)

in paragraph 1, for “one or other of the sets of access conditions” there were substituted “the first set of access conditions”;

(b)

in paragraph 2(a)(ii), for “and does not also include excluded material” there were substituted “, or consists of or includes excluded material,”;

(c)

paragraph 3 (second set of access conditions) were omitted;

(d)

in paragraph 12—

(i)

in paragraph (a)(i), for “either set of access conditions” there were substituted “the first set of access conditions”;

(ii)

paragraph (b) were omitted.